Town of Falmouth, MA
Barnstable County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Falmouth: Art. I, Annual Town Meeting 3-1-1965, Art. 32; Art. II, Annual Town Meeting 3-1-1965, Art. 33. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 156.
Waterways — See Ch. 231.
[Adopted ATM 3-1-1965, Art. 32]
It shall be unlawful for any person or persons occupying or having charge of any building or premises or any part thereof in the Town, other than that section of any establishment licensed under MGL C. 138, to cause or suffer or allow any unnecessary, loud, excessive or unusual noises in the operation of any radio, phonograph or other mechanical soundmaking device or instrument, or reproducing device or instrument, or in the playing of any band, orchestra, musician or group of musicians, or in the use of any device to amplify the aforesaid, or the making of loud outcries, exclamations or other loud or boisterous noise or loud and boisterous singing by any person or group of persons or in the use of any device to amplify the aforesaid noise, where the noise is plainly audible at a distance of one hundred and fifty (150) feet from the building, structure, vehicle or premises in which or from which it is produced. The fact that the noise is plainly audible at a distance of one hundred and fifty (150) feet from the vehicle or premises from which it originates shall constitute prima facie evidence of a violation of this chapter.
Any person violating this chapter shall be punished by a fine. For penalty, see Chapter 1, General Provisions, Article I, Penalties.
[Adopted ATM 3-1-1965, Art. 33]
It shall be unlawful for any person or persons being present in or about any building, dwelling, premises, shelter, boat or conveyance or any part thereof, other than that section of any establishment licensed under MGL C. 138, who shall cause or suffer or countenance any loud, unnecessary excessive or unusual noises in the operation of any radio, phonograph or other mechanical soundmaking device, or instrument, or reproducing device or instrument, or in the playing of any band, orchestra, musician or group of musicians, or the making of loud outcries, exclamations or other loud or boisterous noise or loud and boisterous singing by any person or group of persons, or in the use of any device to amplify the aforesaid noise, where the aforesaid noise is plainly audible at a distance of one hundred fifty (150) feet from the building, dwelling, premises, shelter, boat or conveyance in which or from which it is produced. The fact that the noise is plainly audible at a distance of one hundred fifty (150) feet from the premises from which it originates shall constitute prima facie evidence of a violation of this Article. Any person shall be deemed in violation of this Article who shall make, or aid, or cause, or suffer, or countenance, or assist in the making of the aforesaid and described improper noises, distance, breach of peace and the presence of any person or persons in or about the building, dwelling, premises, shelter, boat or conveyance or any part thereof during a violation of the Article shall constitute prima facie evidence that they are a countenancer to such violation.
Any person violating this Article shall be punished by a fine of not more than fifty dollars ($50.) for each offense.